Fourth Amendment Alive and Well!

The Fourth Amendment of the Constitution protects citizens against police thinking you did something wrong before they know you did something wrong. It states: “...and no Warrants shall issue, but upon probable cause....”

There was a case in Wisconsin that involved a traffic accident, but no injury. The driver refused a breathalyzer test, so they strapped him down and got a blood sample. The driver subsequently moved to suppress that blood evidence because the police did not have probable cause, and the court granted the suppression of evidence. Then the State appealed and lost.